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(영문) 울산지방법원 2020.06.16 2019가단102108
조합분담금 반환 청구의 소
Text

1. The defendant's KRW 43,189,00 for the plaintiff and 5% per annum from January 11, 2020 to June 16, 2020, and the following.

Reasons

1. Basic facts

A. The Defendant Union is a regional housing association under the Housing Act established with the approval of the establishment of a housing association from the head of Ulsan Metropolitan City on September 14, 2017 in order to promote housing construction projects (hereinafter “instant project”) in Ulsan Metropolitan City, Ulsan-gu C.

B. On April 10, 2017, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement to enter into the association”) with the Promotion Committee of the Defendant Association and the Plaintiff’s membership as a member of the Defendant Association, and with the content that the Plaintiff would later purchase the title D (75 square meters) (hereinafter “instant agreement”).

C. The rules of the defendant association at the time of joining the defendant association as a member of the defendant association stipulate that "the person who does not own a house from the date of application for authorization for establishment of the housing association to the date of possible occupancy of the pertinent association or who owns a house with an exclusive residential area of 85 square meters or less" as the qualification

On December 31, 2018, the Plaintiff became a member of the household, the householder, and became disqualified until the time of occupancy.

E. The instant contract for joining an association and the rules of the Defendant Union at the time of the conclusion of the agreement for joining the association stipulate that “where the subscription contract is terminated due to the forfeiture of membership, the association shall refund the remaining money after deducting 10% of the total operating expenses and the total amount of contributions to the association members from the amount paid by the union members.”

The Plaintiff paid 14,00,000 won to the Defendant Cooperative as an agent fee, and 95,680,000 won as a partner’s contribution.

E. The total amount of the Plaintiff’s share of the Plaintiff’s association members is KRW 384,910,000.

F. On July 27, 2019, the Defendant Union held a general meeting on July 27, 2019 to make a decision on the refund to those who lose their membership due to the loss of their membership’s qualification by holding a board of directors within one month after the completion of the refund.

Provided, That members or general buyers of the same subparagraph for the cancellation portion shall be the same.

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